Assembly/AU/11 (XIII) Annex II Page 14   (i) The presence of the suspect on the territory of the prosecuting State may be required, either before the initiation of a criminal investigation or before the commencement of trial proceedings (e.g. Denmark,92 France,93 Ireland,94 the Netherlands95 and the UK96). (ii) It may be that the suspect must, subsequent to the commission of the alleged acts, have become a national of the prosecuting state (e.g. under the UK’s War Crimes Act 199197) or a resident of that state (e.g. under the UK’s War Crimes Act 199198 and the UK’s International Criminal Court Act 200199 and International Criminal Court (Scotland) Act 2001100). (iii) It may be that universal jurisdiction is granted by national law only over crimes committed during a specified conflict (e.g. France’s Law No 95-1 of January 1995 and Law No 96-432 of 22 May 1996 apply only to crimes within the respective temporal and territorial jurisdictions of the ICTY and ICTR;101 and the UK’s War Crimes Act 1991 applies only to war crimes committed between 1 September 1939 and 5 June 1945 inclusive, in a place which at the time was part of Germany or under German occupation102). (iv) It may be that executive or special judicial authorization is required before a prosecution may be brought on the basis of universal or other extraterritorial jurisdiction. In Belgium, for example, prosecution (including the preliminary investigation phase) for the crimes set forth in Book II, Part 1bis of the Penal Code may be undertaken only at the request of the Federal Prosecutor.103 In Finland, an offence committed abroad may not be tried without a prosecution order from the Prosecutor-General.104 In Ireland, the consent of the Attorney General105 or the Director of Public Prosecutions106 is required before a prosecution may be brought for at least certain offences subject to universal jurisdiction. Similarly, in the UK (excluding Scotland), the consent of the Attorney                                                              92 Penal Code, paragraph 8(a). Law No 95-1 of 2 January 1995, article 2 and Law No 96-432 of 22 May 1996, article 2. 94 This is a general principle of Irish criminal law and procedure. 95 International Crimes Act 2003, section 2(1)(a). 96 This is a general principle of the criminal law and procedure of England and Wales, Scotland and Northern Ireland respectively. 97 War Crimes Act 1991, section 1(2). 98 War Crimes Act 1991, section 1(2). 99 International Criminal Court Act 2001, section 68. 100 International Criminal Court (Scotland) Act 2001, section 6. 101 Law No 95-1 of 2 January 1995, article 1 and Law No 96-432 of 22 May 1996, article 1 respectively. 102 War Crimes Act 1991, section 1(1)(a). 103 Code of Criminal Procedure, Part 1, articles 10(1bis) and 12bis. 104 Penal Code, Chapter 1, section 12. 105 Geneva Conventions Act 1962 (as amended by Geneva Conventions (Amendment) Act 1998), section 3(3). 106 Criminal Justice (United Nations Convention against Torture) Act 2000, section 5(2); International Criminal Court Act 2006, section 9(2). 93 Version 31 March 09(FINAL)